In short: When a Florida account owner dies, the bank freezes accounts in the decedent’s sole name. A POD beneficiary or surviving joint owner can usually collect with a certified death certificate. Everything else needs probate letters, or for small amounts, one of Florida’s shortcuts: up to $2,000 in qualified accounts by affidavit after 6 months (§ 735.303), or up to $20,000 in an intestate estate by affidavit after 1 year (§ 735.304), both expanded July 1, 2026.
“Dad died and the bank froze everything.” Matt ranks accessing a loved one’s accounts among the top issues in Florida probate, and he says it’s getting harder, not easier.
Why It’s Harder Now
Back when statements came by mail, the family found every account in a drawer. Now statements are electronic, logins are protected by two-factor authentication on Dad’s phone, and the family may not even know which institutions he used. Matt’s office uses asset-search tools to find accounts nobody knew about. See finding hidden assets.
Who Can Get the Money Without Probate
- POD beneficiary: has no right to the money during the owner’s life, but on death the funds belong to the surviving beneficiaries (§ 655.82). Bring a certified death certificate.
- Surviving joint owner: a joint account with survivorship is presumed to belong to the survivor (§ 655.79).
- TOD brokerage beneficiary: the brokerage will re-register the account.
- Named beneficiary on a retirement account or life insurance policy.
That’s Matt’s “three words” again: payable on death. See how to avoid probate.
Sole-Name Accounts With No Beneficiary
These are frozen until someone has legal authority:
- Letters of administration after the PR is appointed
- Summary administration order for estates up to $150,000, or when the decedent has been dead more than 2 years
- § 735.303 affidavit: up to $2,000 in qualified sole-name deposit accounts, no earlier than 6 months after death, by a spouse, adult child, or other listed relative, if no PR has been appointed and no will is known. The affiant accepts personal liability to creditors. The cap was $1,000 before July 1, 2026.
- § 735.304 affidavit: for intestate estates where the decedent has been dead more than one year, up to $20,000 of nonexempt personal property plus funeral and last-60-day medical expenses. The cap was $10,000 before July 1, 2026.
When the Bank Says No
The 2026 reform law also added § 733.6125, giving a PR a remedy against custodians that refuse to honor valid letters, and clarified PR access to safe deposit boxes. Before that, Florida already let certain family members open a decedent’s safe deposit box to look for a will (§ 655.935).
Plan Now: Trusted Contacts
Matt’s videos urge families to set this up before a crisis:
- Name POD or TOD beneficiaries on every account.
- Sign a durable power of attorney.
- Add a trusted contact person at each brokerage. FINRA Rule 4512 requires brokers to ask for one.
- Keep a list of institutions and how to reach them, stored somewhere your family can find it.
If the Market Is Falling
A PR or trustee is a fiduciary who can be personally liable for imprudent decisions. Matt’s market-crash videos warn fiduciaries to document their investment decisions and not simply defer to an adviser who’s committed to staying fully invested.
Watch: the videos behind this article
Florida Probate Issue #4: Accessing a Loved One’s Accounts After Death
Florida Probate Warning: Frozen Bank Accounts & How to Protect Dad’s Money Fast
Florida Probate Problems: Why Beneficiaries Get Blocked
Florida Probate Risks During Market Volatility Explained
More Short Videos on This Issue
Watch the Real Appellate Arguments
These are recordings of actual Florida appellate oral arguments, posted on the channel. Watch how the judges question both sides. Read the written opinion before relying on any outcome: an argument is not a ruling.
Joint Bank Account Withdrawal — Is Taking Funds Before the Owner Dies Conversion?
Go Deeper
- How to Avoid Probate in Florida (and the POD Trap)
- Does a Will Avoid Probate in Florida?
- Florida Digital Assets After Death (Chapter 740)
- Someone Stealing From an Estate in Florida? How to Find Hidden Assets and Get the Money Back
Frequently Asked Questions
How do I access a deceased person’s bank account in Florida?
If you’re the POD beneficiary or surviving joint owner, present a certified death certificate and ID. If the account was in the decedent’s sole name with no beneficiary, you’ll usually need letters of administration or a summary administration order, unless one of the small-amount affidavit procedures applies.
Can I get money from a small account without probate in Florida?
Sometimes. Since July 1, 2026, § 735.303 lets a surviving spouse, adult child, or other listed relative collect up to $2,000 from qualified sole-name deposit accounts by sworn affidavit, no earlier than 6 months after death, if no PR has been appointed and no will is known.
What is the new $20,000 small estate affidavit in Florida?
Section 735.304, as amended effective July 1, 2026, lets heirs of an intestate decedent who has been dead more than one year collect nonexempt personal property up to $20,000, plus amounts for funeral and last-60-day medical expenses, by affidavit without court administration.
What if the bank won’t honor my letters of administration?
The 2026 probate reform law (ch. 2026-57) created § 733.6125, giving personal representatives a remedy against custodians that refuse valid letters. Talk to your lawyer about using it.
Talk to a Florida probate litigator
Weidner Law, P.A. handles Florida probate, trust, guardianship, and will disputes from St. Petersburg. If you need a probate litigation lawyer in St. Petersburg or anywhere in Florida, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: the full Florida Probate Code and Probate Rules and the Florida Trust Code are on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
